Terms of Use

Wacom Terms of Use for Wacom Services

These Terms of Use are a binding agreement between you and Wacom Europe GmbH
(“Wacom”) governing your account registration and your use of the free online
services offered by Wacom (which may include the Wacom Marketplace available
at https://eu-marketplace.wacom.com, the German Wacom eStore available at
https://eu-store.wacom.com, and/or other services using the Wacom Account
single sign-on feature (collectively the “Wacom Services”). Your account can
also be used to sign on to other online services offered by Wacom and/or its
affiliated companies that use the Wacom Account (collectively the “Wacom Sites”).
Any goods, software, subscriptions or other services (collectively “Offerings”)
you may purchase from Wacom, its affiliates or third parties through the Wacom
Marketplace, the Wacom eStore, or other such Wacom Services are subject to
additional terms and conditions that you must accept upon making such purchase.

1.

Scope / Wacom Account

1.1

These Terms of Use (this “Agreement”) govern
your use of the Wacom Services. Any general terms and conditions you may use
do not apply to this Agreement even if Wacom has not formally rejected them.
A Wacom Account is required to fully access and use the Wacom Services, in
particular the Wacom Marketplace and the Wacom eStore.

1.2

This Agreement can be concluded by signing up
for and activating a Wacom Account (as described in Section 1.2.1 below),
or by signing in to a Wacom Service using an existing Wacom Account created
on a different Wacom Site, and accepting these Terms of Use (as described
in Section 1.2.2 below):

1.2.1

When you sign up for a Wacom Account by selecting
a user name and password and providing a valid e-mail address (or alternatively
by using an existing social media account to provide your information), you
invite Wacom to make you an offer to enter into this Agreement. Wacom will
confirm receipt of your registration request by e-mail. If Wacom choses to
make an offer, Wacom will do so by sending you an activation link by e-mail.
This may also be combined with the aforementioned confirmation of receipt.
The Agreement is concluded if and when you activate your Wacom Account by
clicking the activation link. The following rules apply to any Wacom Account
created through any Wacom Service:

The Wacom Account is personal and non-transferable.
You may not assign, rent, lease, loan, sell, resell, sublicense, distribute
or otherwise transfer the Wacom Account to any third party. The same applies
to any licences to any Offering that is tied to the Wacom Account, except
to the extent and under the conditions the respective applicable terms of
such Offering or mandatory statutory law expressly permit the transfer of
such licence.

c)

You will keep your password confidential
and inform Wacom immediately if you have reason to suspect your password
has been disclosed to or otherwise obtained by any third party (provided,
for clarity, that anyone using the Wacom Account on behalf of the Subscribing
Organization is not a “third party” for this purpose).

1.2.2

When you sign in to any Wacom Service with an existing Wacom Account
for the first time, you will be prompted to accept these Terms of Use.
The Agreement is concluded once you confirm this prompt. Your Wacom Account
will be subject to the terms you accepted when you created it.

1.3

The Wacom Account is not available to persons under the age of 18 or
to anyone whose Wacom Account has previously been terminated. By entering
into this Agreement, you represent and warrant that you are at least 18
years old and you have not previously had a Wacom Account terminated. If
you are using or opening a Wacom Account on behalf of a company, entity,
or organization (collectively, a "Subscribing Organization") then you
represent and warrant that you are an authorized representative of that
Subscribing Organization with the authority to bind such Subscribing
Organization to these terms, and that you agree to these terms on behalf
of such Subscribing Organization. In such a case "You" in these terms
refers to your Subscribing Organization, which shall ensure that each
individual user accessing and using the Wacom Account on behalf of the
Subscribing Organization complies with the obligations, limitations and
restrictions contained herein.

1.4

The Wacom Account can be used across a number of online services and
platforms operated by Wacom and/or its affiliated companies. However,
additional terms may apply to your access to and use of any Offerings
available on or through the Wacom Services (in particular the Wacom
Marketplace and the Wacom eStore) and such other online services and
platforms. You will be notified of such additional terms and be asked
to accept them whenever you try to access, download, or otherwise use
an Offering by Wacom, its affiliates or any third party that is subject
to such additional terms.

1.5

You acknowledge that the Wacom Marketplace is operated using the technology
of Wacom’s third party licensor(s). You acknowledge that these licensor(s)
is/are not a party to this Agreement and that (i) they retain all right,
title and interest in and to the technology and do not grant you any licence
to such technology, (ii) they are not responsible for the operation or the
contents of the Wacom Marketplace or the Offerings you may purchase from
other third parties through Wacom Marketplace (and Wacom makes no warranties
on their behalf), (iii) they do not grant any warranties to you regarding
the technology, and (iv) they do not have any other contractual liability to you.

2

Wacom Services

2.1

During the term of this Agreement, Wacom will permit you to access the
Wacom Services and use their functionalities. Such functionalities may
also include opportunities to upload or share content (such as message
boards or product review tools). Wacom may however make reasonable modifications
to the functionalities of the Wacom Services, for instance to adapt them
to new technologies.

2.2

Wacom provides the Wacom Services with an availability of 98% on
annual average. Any downtimes due to scheduled maintenance do not count
as downtimes for the purpose of calculating the availability.

2.3

You may conclude agreements regarding Offerings with Wacom, Wacom affiliates
and/or third parties through the Wacom Services, (in particular the Wacom
Marketplace and the Wacom eStore). Such agreements are subject to the respective
terms communicated to you by the respective vendor. In the event of any
conflict between the respective custom terms and these Terms of Use, the
custom terms of the Offering prevail.

2.4

The vendor of any Offering will be clearly identified on the respective
description page within the Wacom Marketplace.

3

Your Obligations and Content / Indemnity

3.1

You acknowledge that the Wacom Account and the Wacom Services are not data
hosting or backup services. You will create and maintain adequate regular
backups of any and all content you upload or share using the Wacom Account
and/or the Wacom Services.

3.2

In using the Wacom Services, you will not:

d)

interfere or attempt to interfere with the proper workings of or any
activities conducted on the Wacom Services, or access or attempt to access
the Wacom Services with any bot, spider, crawler, or other automated system
or process, or bypass robots.txt exclusion files or other measures as may
be used to prevent or regulate access to the Wacom Services;

e)

post, upload, or distribute any content that
is defamatory, libelous, inaccurate, unlawful (including in violation of any
applicable intellectual property, personality rights, youth protection or
similar laws), or that a reasonable person could deem to be objectionable,
offensive, indecent, pornographic, harassing, threatening, embarrassing,
distressing, vulgar, hateful, racially or ethnically offensive, or otherwise
inappropriate;

f)

post or upload any content that contains any viruses, adware, spyware,
worms, or other malicious code or any content or file that may have the
effect of compromising any security or access control feature of the
respective Wacom Service or of any Offering;

g)

impersonate any person or entity, falsely claim an affiliation with any
person or entity, or access the Wacom Account of others without permission,
forge another persons' digital signature, misrepresent the source, identity,
or content of information transmitted via any Wacom Service, or perform
any other similar fraudulent activity;

h)

post or send unsolicited commercial messages or advertise any goods,
software, products, services other than the Offerings available through
any Wacom Service.

3.3

You will indemnify and hold Wacom harmless for any and all expenses and
damages, including reasonable market-rate attorneys’ fees, incurred or
suffered by Wacom in connection with any breach of this Agreement by you,
including without limitation any damages caused by any content you upload
to any Wacom Service, and further including without limitation any damages
caused by any alleged infringement of third party rights by your use of
any Wacom Service. This does not apply to the extent you are not responsible
for the breach.

3.4

If Wacom in its reasonable discretion deems any content you uploaded or
shared to be breach of the aforementioned restrictions, Wacom may reasonably
edit or remove such content or such parts of the content that give rise
to this concern. Wacom will not edit or partially remove content in a way
that materially alters the meaning of the original content. Any other
statutory and contractual rights of Wacom remain unaffected.

4

Intellectual Property Rights / Licence Grant

4.1

Except where expressly provided otherwise, any licence to any Offering
you purchase through any Wacom Service (in particular the Wacom Marketplace
and/or the Wacom eStore) is personal and non-transferable. It is tied to
your Wacom Account and you may not assign, rent, lease, loan, sell, resell,
sublicense, distribute or otherwise transfer it to any third party, except
to the extent and under the conditions the respective applicable terms of
such Offering or mandatory statutory law expressly permit the transfer of
such licence.

4.2

The Wacom Services are the intellectual property of Wacom and/or its
licensors. You are granted only a limited, non-exclusive, non-transferable
right to use for the purpose, pursuant to the provisions, and for the
term of this Agreement. In particular, you may not

a)

modify, adapt, translate or create derivative works based upon the Wacom
Services or any part thereof, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this
limitation; or

b)

attempt to disable or circumvent any security mechanisms used by the Wacom
Services, or copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of the Wacom
Services or any part thereof, unless (i) specifically authorized by Wacom
in writing, (ii) permitted under Section 69e of the German Copyright Act
(“Urheberrechtsgesetz”), or (iii) to the extent such acts are necessary
to achieve interoperability with a third software, but only if (a) Wacom
or its licensors had not published details about the interfaces of the
respective Wacom Service before and has not provided such details upon
your written request, (b) only those parts of the respective Wacom Service
are disassembled that are necessary to achieve interoperability, (c) the
obtained information is only used to achieve interoperability, (d) the
obtained information is not made available in any way to any third party
except as required for the purpose of achieving interoperability; and (e)
the obtained information is not used to develop or market a software which
is similar to the respective Wacom Service or for any other actions that
infringe Wacom’s and/or its third party licensor’s rights.

4.3

You grant Wacom a non-exclusive, worldwide, royalty-free, transferable
and sublicensable licence, limited to the term of this Agreement, to
reproduce, adapt, modify, translate, publish, publicly perform, publicly
display and distribute any content you upload to any Wacom Service, for
the purpose of enabling Wacom and/or its licensor(s) to develop, enhance,
provide, syndicate, promote, advertise, and provide you and its other
customers with, the Wacom Services and their functionalities (e.g. product
reviews, social or community features, contests, etc.) and otherwise
perform its obligations hereunder.

5

No Withdrawal Right

5.1

The Agreement regarding the creation of the Wacom Account and the use of
the Wacom Services is concluded free of charge. Therefore, you do not
have statutory withdrawal right.

5.2

For clarity, please note that when you make purchases through any Wacom
Service as a consumer, you may have statutory withdrawal rights, of which
you will be informed separately at the time you make the purchase.

6

Warranty Disclaimer / Limitation of Liability

6.1

The Wacom Account and the Wacom Services are provided free of charge. Wacom
grants no warranties, in particular not regarding the availability or
functionality of the Wacom Services. Wacom is liable in accordance with
statutory law only for wilful intent and gross negligence.

6.2

In the event Wacom is liable in accordance with the above for any data
loss, such liability is limited to the amount that would be required to
restore such data if adequate regular backups (cf. Section 3.1) had been made.

6.3

These limitations of liability also apply for the benefit of Wacom’s directors,
officers, employees, licensors, freelancers, subcontractors, representatives
and agents of any kind.

6.4

For clarity, the warranties and liability of the relevant provider of any
Offerings you may purchase from Wacom, its affiliates and/or any third
parties through the Wacom Services is subject to the separate terms and
conditions applicable to the relevant Offering.

7

Term and Termination

7.1

This Agreement is concluded for an indefinite term.

7.2

Either party may terminate the Agreement for convenience in writing (e-mail
sufficient) at any time with 7 days’ notice. You may also terminate the
Agreement immediately by contacting our Support Team at: http://support.wacom.com/.

7.3

Wacom may terminate the Agreement effective immediately if the user (i)
breaches any of the obligations stated in Sections 3 or 4 of this Agreement,
or (ii) breaches any other obligations hereunder and does not remedy such
breach upon a warning setting a reasonable time period for such remedy.

7.4

Subject to Section 7.6 below, Wacom may delete any data stored by the
user in their Wacom Account and/or the Wacom Services after any effective
termination of the Agreement.

7.5

Both parties’ right of extraordinary termination for good cause remains unaffected.

7.6

The termination of this Agreement does not affect any additional agreements
regarding the Offerings as may have been concluded through any Wacom Service,
which may be terminated only in accordance with their respective terms. To
the extent the Wacom Account is required in order to continue using such
Offerings, the Account will remain active only for the purpose of the
concerned Offerings and for as long as you are entitled to them under their
respective terms. For clarity, in such case you will not be able to purchase
any new Offerings through the Wacom Services.

8

Modification of Terms

Wacom reserves the right to modify these Terms of Use at any time to the
extent required because of any changes in applicable law or similarly cogent
external events, with the exception of the provisions determining the parties'
primary contractual obligations hereunder. The parties' primary contractual
obligations will not be changed in the manner described in this Section 8.
Wacom will inform you of any proposed modification of these Terms of Use,
provide you with the proposed new version of these Terms of Use and notify
you of the date when these new Terms of use will be implemented. Any change
is subject to a prior written notice of six weeks. If you do not expressly
refuse the respective modification within six weeks from the date on which
the new Terms of Use are implemented, you are deemed to have approved the
modification of these Terms of Use. In the aforementioned notice of the
proposed modification, Wacom will inform you expressly and specifically
about the right to object within the six weeks period and the consequences
of not expressly refusing the proposed modification.

9

Miscellaneous

9.1

Information on Wacom’s use of personal data can be found in the privacy
and cookie policy available at http://www.wacom.com/privacy.

9.2

This agreement is subject to German law, excluding the CISG.

9.3

If you are an entrepreneur, public law entity or public law special fund,
or if you are not a resident of Germany or give up your residency in Germany
after this Agreement is concluded, or if your whereabouts are unknown at
the time of filing a lawsuit, the exclusive legal venue for any disputes
arising out of or in connection with this Agreement is Düsseldorf, Germany.

9.4

The language of the contract is German. These terms are also available
in the following languages: English, Spanish, French, Italian and Dutch;
provided that the German version controls in the event of any discrepancy.
We do not store a copy of the Agreement.